Mongolia - Universal Periodic Review

UPR, November 4, 2020
Recommendations by Canada

Recommendations

Thank you, Madam President.

Canada welcomes the positive steps taken by Mongolia to abolish the death penalty, prevent and respond to torture, and enhance the protection of rights of vulnerable populations, including approving the revised Law on Combatting Domestic Violence and the Law on Child Rights.

Canada recommends that Mongolia:

1. Adopt specific and comprehensive anti-discrimination legislation to protect the rights of minority groups, including ethnic minorities, indigenous peoples and the LGBTI community, and their rights.
2. Strengthen law enforcement and the judicial system to ensure effective investigation and prosecution of perpetrators in cases of human trafficking, and expand services for victims.
3. Continue efforts to prevent domestic and gender-based violence, including through more effective law enforcement and awareness-raising campaigns and allocating dedicated funding, as well as enhanced access to services and protection for survivors.
4. Accede to the 1951 Refugee Convention and the 1967 Protocol. Protect asylum-seekers and refugees, including through enacting legislation and improving access to services.

Canada continues to be concerned by the lack of prompt and effective investigation of all complaints and reports of torture, police brutality and arbitrary detention by an independent mechanism.

Background

The human rights situation in Mongolia is improving due to the strengthened capacity of civil society organizations and increased acceptance from the government to involve them in the process of human rights advancement. In compliance with obligations set forth in the Second Optional Protocol to the International Covenant on Civil and Political Rights, Mongolia has abolished the death penalty in its new Criminal Code (effective as of 1 July 2017). Amnesty International’s Submission for UPR 2020 notes that the new Criminal Code also includes for the first time a definition of torture that broadly reflects the one outlined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Mongolia has also adopted and implemented a series of policies to enhance the protection of rights of vulnerable populations.

Despite many positive steps taken by Mongolia since its last UPR, important challenges remain. Given the absence of national legislation on refugees, asylum seekers and refugees continue to have difficulties accessing State-provided services, such as health care, social security and education. Discrimination against other minority groups also remains a significant concern. It is prohibited by the law to discriminate based on sex, sexual orientation, gender identity, ethnicity and other grounds. Several NGOs received reports of violence against LGBTI persons and police harassment of LGBTI victims of alleged crimes.

Noting increased efforts to address the issue of trafficking, the Government of Mongolia needs to strengthen investigation, prosecution and enhance victim protection. As noted in the 2020 Trafficking in Persons Report by the U.S. Department of State, trafficking offenses are sometimes investigated and prosecuted under criminal provisions that prescribe significantly lower penalties. The government provides limited victim protection; there have been reports of further sexual abuse within the government-operated shelters for victims due to poor oversight and lack of specialized care. Similarly, more resources need to be dedicated to enhancing services for domestic violence survivors, including expanding the number of shelters for victims in rural areas.